ADBA PERMITTING WORKSHOP27 March 2013Stephen Barnes, Technical Director, Wardell Armstrong

Introduction

• Regulatory Background

• Exemptions

• Standard Rules Environmental Permits

• Bespoke Environmental Permits

• Fees and timescales.

Regulatory Background

• Environmental Permit required to deposit, treat, keep and dispose of waste (unless lawfully exempt)

• Environmental Permitting (England and Wales) Regulations 2010o Schedule 1 includes AD plants that treat >10 tonnes per day of

animal carcasses or animal waste (up to 6 April 2012 gas engines with a net rated thermal input ≥3MW also fell under Schedule1)

o Schedule 3 lists exempt activities, which includes small scale AD plants

o Schedule 9 list waste operations, which includes those AD plants that do not fall under exemption or Schedule 1.

Regulatory Background

• Environmental Permitting (England and Wales) (Amendment) Regulations 2013 implement the Industrial Emissions Directive (IED)

• Sites that fall under the IED also fall under Schedule 1, however there are phase-in dates

• Implementation of IED, from: o 7 January 2013 - at new sites that fall under the Directiveo 7 January 2014 – at existing Schedule 1 sites that fall under the

Directiveo 7 July 2015 – at existing sites (not previously Schedule 1) that fall

under the Directive

Regulatory Background

• The AD of non hazardous waste at a site with a capacity ≥100 tonnes per day falls under the IED and therefore Schedule 1

• Schedule 1 activities subject to additional permitting requirements, Best Available Techniques, Energy Assessment, Raw Materials Assessment

• Existing sites that fall under the IED will require a variation of the Environmental Permit (possibly an Environment Agency administrative variation, otherwise an application by the Operator).

Regulatory Background

Schedule 9Other AD Waste Activities

not falling underSchedules 1 and 3

Schedule 1AD≥100 tonnes per dayAD > 10 tonnes per day of

animal waste≥ 50MW (Part A)≥ 20MW - <50MW (Part B)

Schedule 3T24T25U10U11

Environmental Permit Exemption

Environmental Permitting (England and Wales) Regulations 2010, as amended

Exemptions

• Register exemption, renewal required every 3 years

• Exemptions for on farm AD (T24), off farm AD (T25) and spreading digestate on land (U10 & U11)

• Comparatively small schemes only (gas engines with a net rated thermal input less than 0.4MW)

• Maximum waste storage and treatment at any one time: on farm AD - 1,250m³; off farm AD 50m³

• Spread digestate on land to confer benefit - up to 50 tonnes per hectare in any 12 months period

• Exempt activity must not cause pollution, harm or nuisance.

Exemptions

Cockle Park Farm, photo courtesy of Newcastle University

Exemptions

• Small scale activities, e.g. Cockle Park Farm

o University of Newcastle upon Tyne

o 350kWe

o Gas to a boiler for heat production

o Heat supplied to farm buildings

o Plant installed by Marches Biogas

Environmental Permits

Environmental Permits

Standard Rules

Schedule 1

Bespoke

Schedule 9 Schedule 1(Subject to BAT etc)

Schedule 9

On-farm InstallationOff-farm Installation

On-farm waste OperationOff-farm waste operation

Standard Rules Environmental Permit

• New Standard Rules permits published in January 2013 (SR2012 No 09, SR2012 No 10, SR2012 No 11 and SR2012 No 12)

• Replace previous Standard Rules permits SR2010 No 15 (off-farm AD) and SR2010 No 16 (on-farm AD)

• SR2010 No 15 (off-farm AD) and SR2010 No 16 (on-farm AD) are no longer available for new sites

• Existing sites under Standard Rules permits for AD will be phased-in to the new Standard Rules

• Phase-in details to be finalised by the Environment Agency.

Standard Rules Environmental Permit

• Generic criteria for Standard Rules permits (SR2012 No 09, SR2012 No 10, SR2012 No 11 and SR2012 No 12)

o Not within 10m of any watercourse

o Not within 50m of any well, spring or borehole used to supply water for human consumption

o Not within a Groundwater Protection Zone 1

o Not within a specified Air Quality Management Area

• Gas engine emission limits (NOx = 500mg/m3, CO = 1,400mg/m3,

SO2 = 500mg/m3, total volatile organic compounds = 1,000mg/m3.

• No emission limits for boilers, back up flares, pressure relief valves.

Standard Rules Environmental Permit

• Specific criteria for Standard Rules permit SR2012 No 09, on-farm installation

o Not within 500m of a European Site or SSSI (excluding geological SSSI)

o Minimum stack height of 3m

o Not within 200m of a sensitive receptor unless the stack height is at least 7m or the effective stack height is at least 3m

o AD capacity over 100 tonnes per day

o Up to 100,000 tonnes per annum of farm waste only (or a combination of farm waste & non waste)

o Net rated thermal input of gas engines <5MW

o Permit includes physical pre-treatment of wastes, gas drying cleaning & storage & upgrade to biomethane).

Standard Rules Environmental Permit

• Specific criteria for Standard Rules permit SR2012 No 10, on-farm waste operation

o Not within 200m of a European Site or SSSI (excluding geological SSSI)

o Minimum stack height of 3m

o Not within 200m of a sensitive receptor unless the stack height is at least 7m or the effective stack height is at least 3m

o Farm waste (or a combination of farm waste & non waste) only

o AD capacity less than 100 tonnes per day (therefore < 36,500 tpa)

o Permit includes physical pre-treatment of wastes, gas drying cleaning & storage & upgrade to biomethane).

Standard Rules Environmental Permit

• Specific criteria for Standard Rules permit SR2012 No 11, off-farm installation

o Not within 500m of a European Site or SSSI (excluding geological SSSI)

o Not within 200m of a sensitive receptor

o Minimum stack height of 3m

o AD capacity over 100 tonnes per day

o Up to 100,000 tonnes per annum (includes a much wider range of wastes than on-farm Standard Rules permits)

o Net rated thermal input of gas engines <5MW

o Permit includes physical pre-treatment of wastes, gas drying cleaning & storage & upgrade to biomethane).

Standard Rules Environmental Permit

• Specific criteria for Standard Rules permit SR2012 No 12, off-farm waste operation

o Not within 200m of a European Site or SSSI (excluding geological SSSI)

o Not within 200m of a sensitive receptor

o Minimum stack height of 3m

o AD capacity less than 100 tonnes per day (therefore < 36,500 tpa)

o No more than 10 tonnes per day of animal waste

o Permit includes physical pre-treatment of wastes, gas drying cleaning & storage & upgrade to biomethane).

Bespoke Environmental Permits

Reliance Street, photo courtesy of Viridor Laing

Bespoke Environmental Permits

• Sites that do not fall under exemption or Standard Rules

• Detailed application, including quantification of all emissions (H1)

• Air dispersion modelling may be required in some cases

• Use of Best Available Techniques for certain activities (known as Schedule

1)

• Risk based assessment to determine application fee (EPR OPRA)

Bespoke Environmental Permits

Westry AD Facility, photo courtesy of Local Generation Limited

Timescales and Costs

• Exemptionso Complete form and submit to Environment Agencyo Environment Agency should register exemption within 5 working dayso Registration is free

• Standard Rules Environmental Permit

o AD waste operations - £1,590 application fee (on-farm & off-farm) and annual subsistence fees of £1,540 (on-farm) or £2,420 (off-farm)

o AD installations - £1,900 application fee (on-farm & off-farm) and annual subsistence fees of £1,990 (on-farm) or £3,330 (off-farm)

o Environment Agency has 13 weeks to determine application once Duly Made (should take less) • Bespoke Environmental Permit

o Application fee based on EPR OPRA (experience of AD indicates at least £7,000)o Annual subsistence fees based on either EPR OPRA or fees and charges schemeo Environment Agency has 13 weeks to determine application once Duly Made